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Parakstīts Viļņā, 1999.gada
5.februārī trīs oriģināleksemplāros angļu valodā.
Latvijas Republikas
Igaunijas Republikas
Lietuvas Republikas
Valdības vārdā
Valdības vārdā
Valdības vārdā
Vilis Krištopans
Mart Siimann
Gediminas Vagnorius
Ministru prezidents
Ministru prezidents
Ministru prezidents
Agreement on the consular
assistance and co-operation between the Government of the
Republic of Latvia, the Government of the Republic of
Estonia and the Government of the Republic of Lithuania
The Government of the Republic of
Latvia, the Government of the Republic of Estonia and the
Government of the Republic of Lithuania (hereinafter referred to
as "the Contracting Parties"):
Desiring to promote the consular
co-operation between themselves;
Taking into account the
developments on the field of consular co-operation within the
framework of the Baltic Committee of Ministers;
Taking note of the fact that
consular relations, privileges and immunities are dealt with in
the Vienna Convention on Consular Relations signed on 24th April
1963, and recalling the Article 8 of the Convention which
provides that a consular post of the sending State may, unless
the receiving State objects, exercise consular functions in the
receiving State on behalf of a third State;
Bearing in mind the best interests
of their citizens;
have agreed as follows:
Article 1.
Definitions
For the purposes of the present
agreement:
1. "The assisting State" means the
Contracting Party whose permanent diplomatic mission or consular
post provides the consular protection for the citizens of the
other Contracting Party in third countries.
2. "The assisted State" means the
Contracting Party whose citizens may seek the consular protection
in the third countries from the permanent diplomatic mission or
consular post of an assisting State.
Article 2.
General principles
1. A Citizen of the assisted State
in need of consular protection in States where the assisted State
has no permanent diplomatic mission or consular post, may seek
the consular assistance from the permanent diplomatic mission or
consular post of the assisting State.
2. Such assistance should be
provided in conformity with the rules and regulations in force
both in assisting State and in assisted State.
Article 3. Scope
of assistance
The consular protection of
citizens of the assisted State will include following consular
functions:
a) assistance in cases of
death;
b) assistance in cases of serious
accident or illness;
c) assistance in cases of arrest,
detention or imprisonment;
d) assistance to victims of a
violent crime;
e) relief and repatriation of
distressed nationals;
f) issuance of the certificates of
return;
g) acting as notary in similar
capacities and performing certain functions of an administrative
nature, in conformity with the laws and regulations of the
receiving State.
Article 4.
Evidence of citizenship
1. Consular officer of the
assisting State may take measures to clarify whether the
applicant is a citizen of the assisted State.
2. Such measures include:
a) asking the applicant to submit
a valid citizen's passport;
b) asking the applicant to submit
any other certificate of citizenship;
c) in case of doubt the consular
officer of the assisting State should refer to the Ministry of
Foreign Affairs or the nearest diplomatic mission of the assisted
State for confirmation of applicant's citizenship.
d) any other means that does not
contradict the international law and internal law of the
Contracting Parties.
Article 5.
Assistance in cases of death
When the death of the citizen of
the assisted State is reported to a diplomatic mission or
consular post of the assisting State, the consular officer:
a) inform immediately the Ministry
of Foreign Affairs or the nearest diplomatic mission of the
assisted State;
b) may, in accordance with local
rules and regulations, having established the wishes of the
next-of-kin, assist through appropriate channels for the body to
be buried, cremated or repatriated to the home country;
c) enables the next-of-kin of the
deceased person to obtain a certificate of death;
d) may provide any other kind of
assistance that does not contradict the interests of the assisted
individual, the Contracting Parties and principles of
international law.
Article 6.
Assistance in cases of serious accident or illness
1. A citizen of the assisted State
who is seriously ill or who is a victim of a serious accident
should receive, by whatever means appropriate, all possible
assistance.
2. Such assistance may
include:
a) notification to the Ministry of
Foreign Affairs or the nearest mission of the assisted State;
b) visits of a consular
officer;
c) advice on provision of suitable
medical treatment;
d) any other kind of assistance
that does not contradict the interests of the assisted
individual, the Contracting Parties and principles of
international law.
Article 7.
Assistance in cases of arrest, detention or imprisonment
1. Taking into account the
standards settled in the international law, the detained should
receive by appropriate means all possible assistance.
2. Such assistance may include, in
conformity with the international law, internal law of the
Contracting Parties and local rules and regulations:
a) visits of consular officer;
b) petitions for pardons;
c) legal aid (including legal
representation);
d) payment of fines as settled in
Article 11 of the present Agreement;
e) co-operation in cases of
transfer of prisoners;
f) any other kind of assistance
that does not contradict the interests of detained, the
Contracting Parties and principles of international law.
3. Mission of an assisting State
shall inform the Ministry of Foreign Affairs or the nearest
mission of the assisted State of arrest, detention or
imprisonment of its citizen.
Article 8.
Assistance to victims of violent crime
1. A citizen of the assisted State
who is the victim of a violent crime, should receive, by whatever
means appropriate, all possible assistance.
2. Such assistance may
include:
a) support to obtain medical
treatment and legal advice;
b) report of the crime without
delay to the appropriate police authorities;
c) any other kind of assistance
that does not contradict the interests of the assisted
individual, the Contracting Parties and principles of
international law.
3. The Ministry of Foreign Affairs
or the nearest mission of assisted State whose citizenship the
victim possesses, should be informed of such incidents in full
details.
Article 9.
Assistance in cases of distression
Consular assistance to the
distressed nationals of assisted State may include:
a) guidance on helping
themselves;
b) guidance to obtain financial
support from private sources;
c) financial assistance as
provided for in Article 11.
Article 10.
Repatriation
1. If possible, the opportunity to
repatriate should be facilitated for the distressed citizens of
the assisted State.
2. Such repatriation includes
following procedures:
a) submission of an application
for repatriation by distressed citizen of the assisted State;
b) the confirmation that the
applicant is eligible for assistance from the Ministry of Foreign
Affairs of the assisted State should be obtained;
c) promotion with financial
assistance (including the purchase of a travel ticket) as
specified in the Article 11 of the present Agreement.
Article 11.
Undertaking to repay
1. No financial assistance may be
given or expenditure incurred on behalf of a distressed citizen
of the assisted State without the approval of the Ministry of
Foreign Affairs of the assisted State.
2. In all cases, if it is possible
and reasonable, the citizen of an assisted State who received
financial assistance by assisting State, should obtain the
undertaking to repay, which includes:
a) value of financial assistance
provided;
b) where applicable, consular fee
for the assisting State.
3. The undertaking to repay
obliges the person who received the financial assistance from the
assisting State to repay all the costs as specified in the
paragraph 2 of the present article to the Government of the
assisted State.
4. The Government of the assisted
State will reimburse such costs to the Government of the
assisting State.
5. The Contracting Parties shall
endeavour not to provide financial assistance to the citizen of
the assisted State before an equivalent sum of money to the
financial assistance required by the distressed person has been
forwarded to the Ministry of Foreign Affairs of the assisted
State.
Article 12.
Certificate of return
1. If the travel document of a
repatriating citizen of the assisted State has been lost or
cannot be used for any other reasons, the consular officer of the
assisting State should issue to the person a certificate of
return.
2. Issuance of a certificate of
return should be confirmed by the Ministry of Foreign Affairs of
the assisted State.
3. If a residing non-citizen of
the assisted State, who bears the travel document that has been
issued by the authorities of the assisted State, loses or cannot
use this travel document for any other reasons, the consular
officer of the assisting State should issue to the person a
certificate of return.
Article 13.
Co-operation
1. The Contracting parties shall
develop consular co-operation within the framework of the
appropriate body at the Baltic Committee of Ministers.
2. Such co-operation shall
include:
a) facilitation and monitoring of
the implementation of the present Agreement;
b) elaboration of general and
specific consular, administrative, financial and any other
instructions, where appropriate concerning the implementation of
the present Agreement;
c) exchange of relevant consular
information;
d) analysis of different types of
consular cases to harmonize practices between the Contracting
Parties;
e) specification of the permanent
diplomatic missions and consular posts providing the consular
assistance.
3. All disputes arising from the
implementation of the present Agreement shall be settled through
the diplomatic channels, preferably within the framework of the
appropriate body mentioned in the paragraph 1 of the present
article.
Article 14.
Language
Communication between the
Contracting Parties concerning the application of the present
Agreement shall be conveyed in English.
Article 15.
Final provisions
The present Agreement shall enter
into force thirty days after the date when Contracting Parties
notified each other in writing through the diplomatic channels
that the necessary constitutional procedure for the entry into
force have been completed.
Done in Vilnius on February 5,
1999, in triplicate in English.
For the Government
For the Government
For the Government
of the Republic of Latvia
of the Republic of Estonia
of the Republic of Lithuania
Vilis Krištopans
Mart Siimann
Gediminas Vagnorius
Prime Minister
Prime Minister
Prime Minister